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Madras High CourtCRL OP/28119/2023dismissed

Arul Manikandan v. The State Rep.By

2023-12-18Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.M.P.No.19509 of 2023 Arul Manikandan .. Petitioner /versus/ 1.State Represented by The Inspector of Police, Kudavasal Police Station, Tiruvarur District.

(Crime No.441 of 2023) .. Respondent Criminal Original Petition is filed under Section 482 of Cr.P.C., to transfer the investigation relating to FIR in Crime No.441 of 2023 on the file of the respondent to any other competent authority. For Petitioner : Mr.A.Ashvathaman For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) 1/4

O R D E R

This Criminal Original Petition is filed by the 17th accused to transfer investigation in Crime No.441 of 2023 from the file of the respondent police to any other Investigating Agency.

2.

The case under investigation is retaliate murder by the rival group. The allegations against this petitioner is that he as a party to the conspiracy, lended the car, which been used by the other accused for murder of Onan Senthil, a history sheeter.

3.

The learned counsel appearing for the petitioner states that he is a businessman and he is not a owner of the car which was used for murder. 4.

The learned Government Advocate (Crl.Side) appearing for the respondent police submits that it is a matter for trial. Based on the confession statement, this petitioner has been arrayed as accused to preview to the conspiracy.

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5.

Since the matter is at stage of investigation, the contention of the petitioner cannot be countenanced at this stage to interfere in the investigation or to change the Investigating Agency. This Court finds that it is not a case for transferring the investigation. Hence this Criminal Original Petition is dismissed. Consequently, the connected Criminal Miscellaneous Petition is also dismissed.

18.12.2023 Index: Yes/No Netural Citation:yes/no rpl To:

1.The The Inspector of Police, Kudavasal Police Station, Tiruvarur District.

2.The Public Prosecutor, High Court of Madras, Chennai.

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Dr.G.JAYACHANDRAN , J.

rpl 18.12.2023 4/4